During Women’s History Month, Sanctuary for Families honors the women whose courage has transformed systems to recognize and respond to the needs of survivors.
Just over 20 years ago in New York City, a survivor could have their children taken away for “engaging” in domestic violence — a devastating practice that punished those it should have protected.
Refusing to accept this injustice, Sanctuary client Sharwline Nicholson spoke out, paving the way for stronger protections for survivors and their children.
Sharwline’s Story
In 1999, when Sharwline ended her relationship with the father of one of her two children, he responded with violence. Though he had never previously threatened or assaulted her, he punched her, kicked her, and broke her arm while their baby was asleep in the next room.
Sharwline arranged for friends and family to care for her children, called 911, and spent the night in the hospital recovering. The next day, she learned that the Administration for Children’s Services (ACS) had taken custody of her children, claiming they were at “imminent risk” because she could not protect herself or them from abuse. Her children were just nine months old and four years old. ACS also charged Sharwline with neglect for “engag[ing] in acts of domestic violence” in the presence of her child.
A Landmark Legal Victory
Represented by Sanctuary, Sharwline became the lead plaintiff on a class action lawsuit alongside other mothers challenging this injustice. In 2004, the New York Court of Appeals unanimously affirmed that survivors should not be blamed or punished for the abuse they endure. The Court recognized that keeping children with their mother is often safer and more stable than removing them.
Because of Sharwline’s courage in coming forward and fighting for her rights, her case became a landmark victory — establishing a powerful legal precedent that continues to protect survivors, mothers, and children today.
If you or someone you know is experiencing domestic violence, know that there are resources available. The National Domestic Violence Hotline provides confidential support and information 24/7 at 1-800-799-SAFE (7233).
If you live in New York City, please get in touch with Sanctuary for Families to get help.